How should community associations handle the Coronavirus? Understandably, Offit Kurman attorneys have been getting a lot of inquiries from our community association clients and management companies on what to do about the COVID-19 virus, how they should respond and communicate to homeowners.  CAI (the Community Association Institute) has published some guidance on its website, along with a sample letter that can be adapted for use to your community associations. https://www.caionline.org/Pages/Coronavirus.aspx Schedule Virtual Meetings HOAs with annual meetings scheduled in …

Is the Developer Running the HOA Correctly? In my HOA law practice, I often hear complaints from homeowners in communities that are still being developed, that the developer is not tending to the affairs of the HOA as it should be.  Many developers view the management of the HOA as an afterthought, instead focusing on development and sales.  In most cases, developers have various tools available to them (all legal) to allow the developer to control the HOA, typically …

Is Your Association Required to Confront the Bully? These days, it seems like there’s no such thing as a minor disagreement.  Normally, owner-to-owner disagreements between neighbors in a homeowners’ association or condominium association fall outside of the association’s authority or jurisdiction, but not necessarily when the disagreement reveals a more-sinister motive: discrimination. Fair Housing Act (FHA) Enforcement HOAs and condos are subject to the Fair Housing Act (“FHA”), which prohibits housing discrimination against “protected classes” of individuals, including on …

Who is Responsible for Maintenance on my Townhome? Question: I recently had water damage which my homeowners’ association (“HOA”) is repairing. During reconstruction, the contractor found termites. My HOA instructed me that it was my obligation to treat for termites. When I bought my townhome in 2008, I was told my HOA would provide termite treatment. I recently found out that the HOA terminated that contract, and we were not made aware of the termination. Since the townhomes are …

What’s the difference between a proxy and a ballot? Question:  I am on the board of directors for my homeowners’ association, and our annual meeting is coming up. There seems to be confusion among our board members and homeowners regarding the difference between a proxy and a ballot, and how the voting process works for owners who cannot attend the meeting to cast their vote. Answer:  A lot of homeowners’ associations (HOAs) hold their annual meetings in the first …

Homeowner’s Drain Tile Trenches Wreak Havoc in Neighbors’ Yards Question: A member of our homeowners’ association believes he does not have to follow our subdivision’s covenants, conditions, and restrictions (or CCRs). He filled in the natural depression of the drainage ditch in his back yard to level the area. He then built a catch basin at his property line where the natural water flow would normally have gradually drained onto the adjacent lot and installed drain tile trenches that …

Governing Rules for Age-Restricted Communities Ed. note:  this month’s column was written by my associate Ben Karb. Question:  I live in a subdivision that was marketed as a 55+ community, but I cannot determine that the developer included any age restrictions in our Master Deed.  If the developer did not include the “legal” requirements in the Master Deed or our CC&Rs, what can be done to be sure that our development meets the legal requirements?  I read about an …

HOA Approval for Video Doorbells in Multifamily Buildings Security concerns are always at or near the top of the list of priorities in shared ownership communities. With personal home technology evolving at a dizzying pace, many homeowners are considering the installation of video doorbells such as those offered by Ring or Nest. However, for owners living in private residential communities, particularly in multifamily buildings, those owners may be subject to advance association approval requirements under the terms of their …

How to Manage Condo Defects in the Carolinas Condominium owners associations (COAs) are usually responsible for maintaining and repairing roofs, exterior walls, and other building envelope components. If the building envelope has not been designed or constructed properly, water will find its way into the building and attack studs, sheathing, and other structural components that hold the building up. The resulting decay, hidden between the exterior and interior walls, may go undetected for years. Modern condominium buildings are particularly …

Should your HOA Ban Short-term Rentals? In early June, 2019 at an apartment in uptown Charlotte, gunfire erupted at a graduation party. One person was killed and three more were injured, one of them critically. Residents of the entire complex were forced out of their units into the street in the middle of the night while the police conducted their investigation. The local news reported that the apartment had been rented through Airbnb, a short-term-rental company. Risks of short-term …